Guardianship of Minors Amendment Bill enters Second Reading

Guardianship of Minors Amendment Bill enters Second Reading

Guardianship of Minors Amendment Bill which is seeking to align the Guardianship of Minors Act to the constitution is now in the Second Reading stage in the National Assembly.

The second reading is when the Minister in charge of the Bill gives its principles. Views from the consultations are also read out by the relevant committee.

After the Committee Report, legislators are then given the opportunity to air their views in relation to what the people said.

Speaking while giving his Second Reading speech in the National Assembly, Justice Minister Ziyambi Ziyambi said the Bill will amend several provisions of the Guardianship of Minors Act.

‘’Thank you, Madam Speaker, for giving me this opportunity to read my Second Reading speech before I move that the Bill be read a second time.

‘’This Bill seeks to amend several provisions of the Guardianship of Minors Act to ensure that the Act is in conformity with the Constitution of Zimbabwe. In essence Madam Speaker, the Bill is to align the Act to the Constitution. 

‘’The Constitution, as it states in Section 2 is the supreme law of Zimbabwe and any law, practice and conduct inconsistent with it are invalid to the extent of the inconsistency.  This, therefore, necessitated the amendment of the Guardianship of Minors Act.

‘’Madam Speaker, custody and guardianship of children are one of the most important responsibilities of parents.  A parent with custody has day to day care and control of the minor’s person and a guardian has a legal right allowing him or her to manage the affairs – including health, education needs, financial security or welfare needs.

‘’This means that almost on a daily basis, a decision is made concerning that particular minor. Madam Speaker, allow me to delve into some of the provisions that are going to be aligned to the Constitution by the Bill.

‘’The Constitution of Zimbabwe, Section 80 (2) gives women and men the same rights regarding custody and guardianship of children.  At present, the Act assumes that fathers are the guardians of children and favours mothers in regard to the custody of children.  The Bill seeks to give same rights to men and women when it comes to exercising custody and guardianship of children.

Guardianship of Minors Act gives parents powers to consent to marriages of a minor

‘’Madam Speaker, the decisions that a guardian makes concerning a child under his or her guardianship should serve the best interest of the child.  Child marriages are a topical issue.  We need to barricade all the avenues of this practice. 

‘’In the worrisome case of Anna Machaya, it is alleged that the deceased minor’s marriage was consented to by the parents.  The Guardianship of Minors Act, Section 4 (1) (b) gives powers to a parent with guardianship to give consent to marriage of a minor.  The Constitution accords the right to found a family only to those who have reached the age of 18.  The Bill will delete the provision of Section 4 (1) (b) of the principal Act, thereby aligning it to the Constitution.

‘’Lastly Madam Speaker, the fact that the Guardianship of Minors Act permits the giving of consent to a marriage of a minor and the prevalence of child marriages, makes the need to enact these amendments non-optional and urgent. 

‘’I, therefore, plead with Honourable Members of this House to support and pass this Bill.  Madam Speaker, this is a very short Bill which I believe we should not have any problems in passing.  I, therefore, move that the Bill be read a second time,’’ he said.

Guardianship of Minors Amendment Bill enters Second Reading